On December 8, 2014 a class of citizens of Missouri who had been assessed warrant fees by the City of Ferguson filed this lawsuit in the Circuit Court of St. Louis County in the State of Missouri. The plaintiffs are suing the Defendant, the City of Ferguson, under state law. The plaintiffs, represented by ArchCity Defenders, sought declaratory relief, injunctive relief, compensatory damages, punitive damages, disgorgement, and attorneys' fees. The plaintiffs alleged that the City of Ferguson is violating state law by assessing fees to recall warrants, and that the fees are implemented deceptively and recklessly, with the sole intention of generating profit.

The plaintiffs sought to certify a class composed of citizens who have paid warrant fees to the City, as well as citizens who currently have pending fees with the City. The complaint alleged that the City's actions broke state law. The plaintiffs furthermore contended that the City has unjustly enriched itself by profiting from the illegal fees. The plaintiffs argued that the City knew or had reason to know the fees were illegal. Thus, the fees were assessed recklessly and negligently on the citizenry. The complaint noted that the fees created financial and personal consternation for the plaintiffs. The fees, the plaintiffs argued, created distrust in the community by leading to increased financial stress and incarceration for its members.

The complaint was amended on March 23, 2015. A motion to dismiss, filed on April 22, 2015, was overcome by the plaintiffs. The case was reassigned to Judge Joseph S. Dueker on June 15, 2016. On March 22nd, 2018, the court granted plaintiff's motion for class certification.

This case is ongoing.

Salvatore Mancina - 02/05/2017
Raul Noguera-McElroy - 04/05/2019


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